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NYSA-ILA MEDICAL & CLINICAL SERVICES v. CATUCCI

No. 96 CIV. 477(CBM).

80 F.Supp.2d 201 (2000)

NYSA-ILA MEDICAL & CLINICAL SERVICES FUND, by and through its trustees, James A. Capo, M. Brian Maher, Richard F. Gronda, David J. Tolan, Ole A. Sweedlund, John Bowers, Albert Cernadas, Frank Lonardo, and Gerald Owens, Plaintiff, v. Sabato (a/k/a Sal) CATUCCI, Kevin Catucci, Ronald Catucci, and Keith Catucci, Defendants.

United States District Court, S.D. New York.

January 18, 2000.

Attorney(s) appearing for the Case

Elizabeth Alexander, Gleason & Mathews, Ann Marie Flynn, Lambos & Junge, New York City, for Plaintiff.

Garett W. Stewart, New York City, for Defendants.

MEMORANDUM OPINION

MOTLEY, District Judge.

I. BACKGROUND

Plaintiff NYSA-ILA Medical & Clinical Services Fund ("Fund") provides funding for medical clinics as a multiemployer benefit plan within the meaning of the Employee Retirement Income Security Act ("ERISA"), §§ 3(3), 3(37), 4, 29 U.S.C. §§ 1002(3), 1002(37), 1003. The Fund is a jointly administered labor-management trust fund established in collective bargaining...

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